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Employment News

The Chicago Tribune reported on a case in which our law firm represents a former Will County correctional officer who alleges that she, along with other female officers, was subjected to a pattern of sexual harassment and intimidation by male correctional officers. The judge denied in part the Defendants' motion to dismiss the case and awarded our client a jury trial. [Read Chicago Tribune Article].

November 22, 2010- The U.S. Department of Justice issued general information for employees on what they should know and what they may request if faced with a situation in which their name and social security number do not match. Employees should know that no-matches can result from simple administrative errors. Employees are also entitled to request notice from their employer of the nature and source of any reported no-matches as well as continued employment while attending to and resolving a reported no-match. The Office of Special Counsel's hotline is available to employees if an employer does not comply with such requests.

Name and Social Security Number(SSN) “No-Matches”- Information for Employers

November 22, 2010- The U.S. Department of Justice issued guidelines on what employers should and should not do when an employee's name and social security number do not match. When faced with this situation, employers should not immediately assume that the no-match reveals information in regards to the employee's immigration status or actual work authority. The no-match could simply be a result of an administrative error. For this reason employers are encouraged to check the reported no-match information against personnel records as well as with the employee.

Final Act Restricting Acquisition and Disclosure of Genetic Information is Approved by EEOC

On November 9, 2010, the U.S. Equal Employment Opportunity Commission issued the final regulations under the Genetic Information Nondiscrimination Act (GINA) of 2008. GINA makes it illegal for employers to discriminate against individuals including job applicants, current and former employees, on the basis of genetic information. Under this act, genetic information specifically refers to details about an individual's genetic tests, those of their family members, family medical history, or the appearance of a disease or disorder.

The regulations under GINA will become effective beginning January 2011. The following are some of the specific regulations that will be implemented.

Employers are prohibited from making employment decisions on the basis of genetic information and family history. Such employment decisions includes hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.

Employers are not allowed to acquire genetic information and family medical history about applicants, employees, former employees, etc.

Harassment of a person because of his or her genetic information is prohibited. It is unlawful to make derogatory or offensive remarks about the applicant or employee's genetic information or that of the individual's relatives.

The use of genetic information to make decisions about health insurance is prohibited.

It is illegal for a covered entity to reveal genetic information about applicants, employees or members.

Although the act is meant to prohibit the acquisition and disclosure of genetic information, the EEOC stated that there are six exceptions. One of these exceptions permits employers to use genetic information when it relates to voluntary wellness programs regardless of whether or not a financial incentive is involved.

September 23, 2010 - Los Angeles area employers have been criminally charged with hiring illegal aliens. The owner and top executive of a metal casting company were arrested by ICE officers. The agents also executed a federal search warrant at the business as part of its ongoing investigation of the firm’s hiring practices.

Both are charged with continuing to employ unauthorized aliens after ICE had notified them that some of their employees were working with counterfeit green cards. The employers allegedly indicated that the subject employees had been terminated. However, it was subsequently revealed that two of the unauthorized had remained on the payroll after the employer had directed them to go out and get "good" social security numbers.

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